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GREEN v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION

No. 85-1608.

790 F.2d 1118 (1986)

Nancy GREEN, Petitioner, v. DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1986.

Attorney(s) appearing for the Case

W. Foster Gaillard (David B. Wheeler, Fishburne & Gaillard, Charleston, S.C., on brief), for petitioner.

Mark Robson, U.S. Dept. of Labor (Francis X. Lilly, Sol. of Labor, Donald S. Shire, Associate Sol., J. Michael O'Neill, Appellate Litigation, Washington, D.C., on brief), for respondent.

Before WIDENER and ERVIN, Circuit Judges, and MICHAEL, District Judge for the Western District of Virginia, sitting by designation.

ERVIN, Circuit Judge:

Carl Green, a coal miner for twenty-five years, appeals from a decision of the Benefits Review Board affirming the Administrative Law Judge's (ALJ) determination that Green was not entitled to receive disability benefits until June 1, 1981, despite his black lung disability under 30 U.S.C. § 901 et seq. (1982) before that date. Because the Board and ALJ did not reach their decisions in accordance with applicable law, and such decisions...

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